Sabtu, 20 November 2010

COMPREHENSIVE GENERAL LIABILITY, D & O AND COMMERCIAL LIABILITY


Public & Products Liability Insurance (Comprehensive General Liability = CGL)

CGL is designed specifically to meet the need for Public Liability Insurance as well as products more widely and therefore comprehensive wordings we use also known as Broadform Liability.

What does CGL?

CGL ensure legal liability to third parties in the event of Personal Injury or Property Damage that occurred during the policy period caused by an event or occurrence in connection with the business or activities of the Insured including legal expenses in connection with the things they will.

Warranty CGL is not only limited to companies or industrial activity in the neighborhood / area where the activities (Public Liability) but can also be expanded, including to the products that are marketed to consumers (Products Liability)

CGL is designed to provide comprehensive protection and automatically have been equipped with extension clauses that required the wordings are easy to read and understand.

Potential Claims

Along with increased awareness of individual and public understanding about their rights under the law and legislation in force, then in the event of discomfort and / or losses ditimbukan by a company or industrial activity, then people will tend to use their rights to sue by law.

Not to mention when it comes to products, kasadaran consumers' rights to obtain a good quality product is something that can not be negotiable, the Consumer Protection Act and various other laws and regulations provide a high appreciation for the rights of consumers.

Faced with the legal process is not an easy matter and certainly not the case that cheap, as known to the legal process could take a long time starting from the level of subpoena, court Negri, the level of appeal in the High Court and not infrequently have to proceed to appeal or judicial review in the Supreme Court .

You can imagine how much it costs to be incurred for the costs of the case, attorney fees, consultant fees not to mention pay compensation for loss of property especially concerning one's soul.

Anyone who needs CGL?

Almost all people or activity requires protection CGL , ranging from Liability someone as an owner or occupant of dwelling house, shop owners, restaurant, office, hotel, apartment manager, Mal, until the Industrial or Manufacturing activities, and so forth.

Building owners must be responsible for such activity or activities that take place in the neighborhood not to menimbukan loss to the neighbors and surrounding community, or of visitors or customers who come activity.

Industrial or Manufacturing activities are responsible not only limited to industrial activities that they do in the premises but also to the products, do not let menimbukan things that harm consumers, such as the danger of poisoning, disability or death.

Manufacturers or suppliers  of raw materials (raw material) is also not free from legal liability to third parties which may result from defects in material or material.

Children's toy makers are one example of an industry in desperate need of Insurance Products Liability to convince consumers that the products are not toxic, does not cause health problems so it is safe for children.

Service and maintenance services companies, Service Station, Laundry, Catering, etc. all requires protection CGL

How Do?

To get the protection of CGL is very easy, simply complete the prospective Insured Proposal Form, which contains information about the company's data, turnover, product data and limits of liability required.




Directors 'and Officers' (D & O) Liability Insurance - What & Why?

"People run companies today WHO cans be held "personally liable" for company performance "

Bahasa Indonesia, click here

  
[Why] Director, Officer and Commissioner of need "D & O"?

Ø         Responsibility and accountability are huge: the Director and Commissioner to personally sued by shareholders, creditors, customers, employees and the public at large, if he fails to perform its duties and responsibilities in running the company.

Ø         The increased oversight and regulation: Supervision and Regulation adopted by the Government and industry increasingly stringent, and sometimes confusing business as there are many interests involved, and sometimes overlapping between one and other regulations.

Ø         community legal awareness increasing, so that the aggrieved parties tend to use their rights to sue in court.

Ø         Director & Officer also must maintain the reputation, integrity and its assets from lawsuits by parties who feel aggrieved

Ø         The legal process can be very serious, expensive and exhausting, Director & Officer must ensure that competent and qualified lawyers to defend its interests.

Ø         With the "Directors '& Officers' (D & O) Liability" Director & Officer will be more confident to face business challenges because they have the financial back-ups to deal with claims and legal proceedings.

[What] is guaranteed in the Directors 'and Officers' (D & O) Liability?

D & O Liability guarantee Director, Officer and Commissioner of the company against legal liability for negligence, errors, violations in conducting its duties and obligations as a Director and Officer, such as:

Ø         negligence: negligence in performing its duties and obligations
Ø         Wrongful misstatement, misrepresentation: error in giving the statement or description
Ø         Breach of trust: breach of contract or trust
Ø         Breach of fiduciary duty or breach of warranty of authority: breach of duty or abuse of authority as a Director and Officer
Ø         Unlawful default: omissions or errors that led to the bankruptcy of the company

Including (1) compensatory damages: the settlement of disputes in court, (2) out-of-court settlements: settlement of disputes outside the court (3) defense costs and expenses: legal expenses and attorneys in defending claims, adan (4) costs of appointing legal expertise, the costs to appoint experts or legal experts concerned.

Directors 'and Officers' (D & O) Liability Provides insurance against:

  • Civil Proceedings : civil legal proceedings against directors and officers
  • Successful Defense of Criminal Proceedings : legal expenses which succeeded in defending the criminal law process
  • Official Investigations and Inquiries : legal expenses to assist the directors and officers in the investigation, inquiry and investigation
  • Employee Actions : lawsuits from employees in connection with the case-case dismissal, discrimination and sexual harassment
  • Outside Directorships : guarantees against directors and officers in the organization or association (excluding companies) in which they represent the company
  • Prospectus Liability : insurance against claims relating to the Offering / Prospectus by the company

In addition to the above warranty untama Directors 'and Officers' (D & O) Liability juga provides Auto Warranty Additional Extras on ...

Ø         Libel and Slander: defamation by written or oral

Ø         Intellectual Property: infringement or use of intellectual property rights to unauthorized
Ø         Employment Practice Liability: lawsuits from employees in connection with the case-case dismissal, discrimination and sexual harassment
Ø         Subsidiary Blanket Cover: automatic guarantee of all our subsidiaries

Ø         Official Investigation and Inquiries: legal expenses to assist the directors and officers in the investigation, inquiry and investigation
Ø         Severability and Non-imputation: warranty applies separately to each of the directors and officers
Ø         Additional Notification Period: extra claims reporting period is longer if the policies are not renewed again
Ø         Previous Security Offerings: warranties on the bid / Prospectus previously conducted
Ø         Advance Payment of Defense Costs: upfront payments for legal expenses and attorneys in defending claims

Available Additional Features (extended warranty with an additional premium) as:


Ø     External Positions (Outside Directorships): guarantees against directors and officers in the organization or association (excluding companies) in which they represent the company
Ø     Pollution: legal liability arising from pollution
Ø     Joint Venture Liability: legal liability arising from joint ventures

Ø     Prospectus Liability (for current or future offerings): a guarantee of supply / Prospectus which is and will be conducted.
Ø     Entity Cover: guarantee against the company as an entity

[Who] is guaranteed in the D & O Liability?

Insured or who is guaranteed in the D & O Liability is all the people who work in the company, either has been, is and who shall serve as: (1)  Director, (2) Officers, (3) Commissioner, (4) Secretary, ( 5) Employee even for all company employees

[Who] who can make a claim to the Director and Officer?

Director and Officer might be able to be prosecuted by (1) Regulatory Authorities, (2) Creditors, (3) Shareholders; (4) Competitors, (5) Members of the Public, (6) Liquidator / Receivers; (7) Employees ; (8) Customers; (9) Business partners

[How] a way to get D & O Insurance Quotes?

Clients must complete a proposal form and the financial report in order to provide full information such as business or services provided, total revenue, claims history, and others for underwriting consideration.

Terms and conditions of coverage provided based on information provided (including but not limited to) on several factors as follows:

Ø         Area business or services provided - whether including risk categories low, medium or high, such as hi-tech industry, telecommunications, and financial institutions are included in the high risk category.

Ø         Total assets and income - the greater the assets and income typically indicate higher risk levels

Ø         USA / Canada exposures: if companies do business or security listing on the USA / Canada

Ø         Listing Status: whether the companies listing on stock exchanges, in the "stock exchange" any country

Ø         Mergers and Acquisition: whether a company merger or acquisition?

Ø         client's claim history - if ever there is a claim, the type and amount of loss

Ø         Limit of liability and deductibles required



Commercial General Liability

Diner awarded HKD10m (USD1.28m) far fall on slippery Stairs
Hong Kong: A diner WHO Became a quadriplegic after slipping on the Stairs of a restaurant has been awarded More Than HKD10m (USD1.28m) for his injuries. He Had Sued for HKD13.4m (USD1.72m).
On 1 April 2001, the diner Fell Down a Staircase in the restaurant, resulting in severe head and spinal injuries.

The judge found the restaurant owner That Had breached his duty of care by Failing to Ensure the Stairway, the which was Quite STEEP, 60 cm wide and Had only one hand rail


Man was hit by a remote-control toy helicopters and needed brain surgery

Hong Kong: An emergency brain surgery was Necessary after a 44-year-old man was hit by a friend's remote control toy helicopter on 13 January 2008. The man sustained a 20 cm-long wound to the back of his head. The helicopter weighed six kilograms, Could fly up to 90 km an hour and Had 1.5 meter-long blades.

The accident occurred at a government site with a warning sign prohibiting flying remote-control toys.


Man injured in visit to Tai Po's Wishing Tree seeks damages

Hong Kong: A man is seeking compensation from the government after being Seriously injured by afalling branch from Tai Po's Wishing Tree, Nowhere he was, Asking for good fortune.
He suffered a broken hip, and later developed symptoms of a stroke after undergoing a hip operation. He now requires 24-hour care.


Roller coaster derailed

Japan: In May 2007, a roller coaster partly derailed in an amusement park in Suita, Osaka Prefecture. One woman was killed and 19 others injured were the resource persons. The second car of the roller coaster derailed and leaned outward.

According to the police, the axle shaft of the second car broke about 200 meters before the end of the run. The wheels of the second car Came off and were the resource persons on the ground discovered

In February 2007, the amusement park Should have been inspected but due to no available garage, the inspection was postponed Until 15 May.
May improper safety management have led to the accident


 

CNY800, 000 (USD114, 000) Compensation for Man Who Lost legs from train


China: A man fell off a Beijing subway station platform in 2005 and lost his legs Pls a train pulled into the station. He was later awarded CNY800, 000 (USD114, 000) in compensation. The metro, the which Had to pay 80% of the man's medical costs, is considering an appeal.



Intoxicated Woman Fell into a ventilation shaft

China: A woman on the way to go to the toilet Fell into a ventilation shaft, sustaining a brain injury. She is suing the real estate management company for compensation

The woman needed to use the Restroom as she was in a taxi Returning from a party. Since there were the resource persons no public facilities in the vicinity, she instead found a Covered area with a flowerbed note Realizing there was a deep ventilation shaft for a commercial building. She fell to the basement through the three-meter-deep vent and hit the ground with her head.

The 33-year-old woman is seeking CNY70, 000 (USD9, 629) compensation for her brain injury. She is Asking for compensation for mental anguish and disability compensation.



MYR133, 000 (USDA2, 195) payout for Widow

Malaysia: The Widow of an Englishman WHO was killed by a falling branch at the Botanical Gardens has been awarded MYR133, 000 (USD42, 195) in compensation. The Widow Agreed to the settlement Almost ten years after the death of her husband in May 1998. The suit was filed in April 2001, accusing the Waterfall Gardens committee of negligence in maintaining the gardens.



Paralysed cyclist awarded SGD800, 000 (USD580, 000)

Singapore: A cyclist was paralysed from the neck down, after he crashed into a barrier cycling in July 2005. In March 2008, he received SGD800, 000 (USD580, 000) in a court settlement. Lifelong treatment was estimated to be SGD700, 000 (USD507, 500)

The Claimant Sued the Land Transport Authority (LTA) and the contractor of the erected steel heavy-duty barrier for personal injuries the caused by an "unsafe barrier" which Had been installed at the end of a bridge. The contractor did not post-Signs to alert cyclists to the barrier at one end.

The Claimant sustained spinal injuries, lost the feeling of his Limbs and Had Difficulties breathing. He Had to Spend six months in the hospital.






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